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IKO CONTRACTING CORP. v. KEL-TECH CONSTRUCTION, INC.

282 A.D.2d 652 (2001)

723 N.Y.S.2d 698

IKO CONTRACTING CORP., Respondent, v. KEL-TECH CONSTRUCTION, INC., et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 23, 2001.

Ordered that the order and judgment is affirmed, with costs.

The Judicial Hearing Officer's determination that the plaintiff was entitled to recover the actual value of materials and labor supplied was proper (see, Alyea v Citizens' Sav. Bank, 12 App Div 574, affd 162 N.Y. 597; Abbott v Easton, 195 N.Y. 372), and the amount awarded was supported by the record (see, Majauskas v Majauskas, 61 N.Y.2d 481

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